Asis Internet Services et al v. Consumerbargaingiveaways, LLC et al

Filing 63

ORDER RE MOTION FOR CERTIFICATION UNDER 28 U.S.C. 1292(b) AND APPLICATION TO STAY PROCEEDINGS by Judge Alsup denying 58 Motion for Certificate of Appealability; denying 59 Ex Parte Application (whalc2, COURT STAFF) (Filed on 5/18/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CONSUMERBARGAINGIVEAWAYS, LLC, an Illinois Limited Liability Company, d/b/a OPINIONRESEARCHPANEL a/k/a OPINIONRESEARCHPANEL.COM, CONSUMER REVIEW NETWORK, LLC, a Delaware Limited Liability Company, d/b/a CONSUMERREVIEWNETWORK.COM, DIRECTGIFTCARDPROMOTIONS, LLC, an Illinois Limited Liability Company, d/b/a LAPTOPREVIEWPANEL, a/k/a LAPTOPREVIEWPANEL.COM, JEFF M. ZWEBEN, and DOES ONE through FIFTY, inclusive, Defendants. / ORDER RE MOTION FOR CERTIFICATION UNDER 28 U.S.C. 1292(b) AND APPLICATION TO STAY PROCEEDINGS ASIS INTERNET SERVICES, a California corporation, and JOEL HOUSEHOLTER, d/b/a KNEEL AND ENGINEERING, d/b/a FOGGY.NET, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 08-04856 WHA

The Court is in receipt of defendants' motion for certification under 28 U.S.C. 1292(b) and ex parte application for a stay of the proceedings pending a ruling thereon. The Court does not believe that the preemption issue defendants wish to appeal involves a substantial ground for difference of opinion. Therefore, both the motion for Section 1292(b) certification and the application for a stay are DENIED.

Dated: May 18, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE